Former Labor Secretary Alex Acosta testified under oath before Congress for approximately six hours, staunchly defending his 2008 decision to grant Jeffrey Epstein and alleged co-conspirators federal immunity. Acosta, who was the U.S. Attorney for the Southern District of Florida at the time, remained "defiant" in his stance, asserting he stands by the agreement, as journalist Julie K. Brown noted in a tweet. This appearance marks his first sworn testimony regarding the controversial non-prosecution agreement (NPA) that has drawn widespread criticism.
The 2008 plea deal allowed Epstein to plead guilty to state prostitution charges, resulting in a 13-month sentence in a county jail with work release privileges, while avoiding more severe federal charges. Crucially, the agreement included a non-prosecution clause that shielded Epstein and others from federal prosecution for the abuse of underage girls. This aspect of the deal, negotiated by Acosta, has been widely labeled a "sweetheart deal" and a "deal of a lifetime."
Acosta's congressional appearance follows renewed public outrage and legal challenges, particularly after Epstein's 2019 arrest on new federal sex trafficking charges and subsequent death by suicide. Victims and their advocates have consistently criticized the deal for its leniency and the lack of victim notification, which was later ruled a violation of the Crime Victims' Rights Act. Democrats on the House Oversight Committee described Acosta as "unremorseful" and "evasive" during his testimony.
During the closed-door session, Acosta reportedly reiterated his defense that the 2008 agreement was the best possible outcome given the circumstances and challenges in securing a federal conviction. He expressed concern that a potential loss in federal court could have sent a message that Epstein's crimes could continue. However, a 2020 Justice Department report concluded that Acosta exercised "poor judgment" in the handling of the case, though it found no professional misconduct.
The congressional hearing aimed to scrutinize the legal and ethical implications of the 2008 plea deal and Acosta's role. While Democrats expressed dissatisfaction with Acosta's responses, Committee Chairman Rep. James Comer, R-Ky., thanked Acosta for providing useful information, stating it would help advance their investigation into the federal government’s handling of the Epstein and Ghislaine Maxwell cases. Acosta resigned as Labor Secretary in 2019 amid intense scrutiny over the deal, maintaining it was his decision alone.